House Amendment 1650


PAG LIN




     1  1    Amend Senate File 414, as amended, passed, and
     1  2 reprinted by the Senate, as follows:
     1  3 #1.  By striking everything after the enacting
     1  4 clause and inserting the following:
     1  5    <Section 1.  NEW SECTION.  99B.7B  CARD GAME
     1  6 TOURNAMENTS CONDUCTED BY QUALIFIED ORGANIZATIONS
     1  7 REPRESENTING VETERANS.
     1  8    1.  As used in this section, unless the context
     1  9 otherwise requires:
     1 10    a.  "Card game" means only poker, pinochle, pitch,
     1 11 gin rummy, bridge, euchre, hearts, or cribbage.
     1 12    b.  "Qualified organization representing veterans"
     1 13 means any licensed organization representing veterans,
     1 14 which is a post, branch, or chapter of a national
     1 15 association of veterans of the armed forces of the
     1 16 United States which is a federally chartered
     1 17 corporation, dedicates the net receipts of a game of
     1 18 skill, game of chance, or raffle as provided in
     1 19 section 99B.7, is exempt from federal income taxes
     1 20 under section 501(c)(19) of the Internal Revenue Code
     1 21 as defined in section 422.3, has an active membership
     1 22 of not less than twelve persons, and does not have a
     1 23 self=perpetuating governing body and officers.
     1 24    2.  Notwithstanding any provision of this chapter
     1 25 to the contrary, card game tournaments lawfully may be
     1 26 conducted by a qualified organization representing
     1 27 veterans if all of the following are complied with:
     1 28    a.  The organization conducting the card game
     1 29 tournament has been issued a license pursuant to
     1 30 subsection 4 and prominently displays that license in
     1 31 the playing area of the card game tournament.
     1 32    b.  The card games to be conducted during a card
     1 33 game tournament, including the rules of each card game
     1 34 and how winners are determined, shall be displayed
     1 35 prominently in the playing area of the card game
     1 36 tournament.  Each card game shall be conducted in a
     1 37 fair and honest manner and shall not be operated on a
     1 38 build=up or pyramid basis.  Every participant in a
     1 39 card game tournament must be given the same chances of
     1 40 winning the tournament and shall not be allowed any
     1 41 second chance entries or multiple entries in the card
     1 42 game tournament.
     1 43    c.  Participation in a card game tournament
     1 44 conducted by a qualified organization representing
     1 45 veterans shall only be open to members of the
     1 46 qualified organization representing veterans and
     1 47 guests of members of the qualified organization
     1 48 participating in the tournament.  The cost to
     1 49 participate in a card game tournament shall be limited
     1 50 to one hundred dollars and shall be the same for every
     2  1 participant in the card game tournament.  Participants
     2  2 in a card game tournament shall be at least twenty=one
     2  3 years of age.
     2  4    d.  Cash or merchandise prizes may be awarded
     2  5 during a card game tournament and shall not exceed one
     2  6 thousand dollars and no participant shall win more
     2  7 than a total of five hundred dollars.  A qualified
     2  8 organization representing veterans shall distribute
     2  9 amounts awarded as prizes on the day they are won and
     2 10 merchandise prizes shall not be repurchased.  An
     2 11 organization conducting a card game tournament shall
     2 12 only display prizes in the playing area of the card
     2 13 game tournament that can be won.
     2 14    e.  The qualified organization representing
     2 15 veterans shall conduct each card game tournament and
     2 16 any card game conducted during the tournament and
     2 17 shall not contract with or permit another person to
     2 18 conduct the card game tournament or any card game
     2 19 during the tournament.
     2 20    f.  No person receives or has any fixed or
     2 21 contingent right to receive, directly or indirectly,
     2 22 any profit, remuneration, or compensation from or
     2 23 related to a game in a card game tournament, except
     2 24 any amount which the person may win as a participant
     2 25 on the same basis as the other participants.
     2 26    g.  A qualified organization representing veterans
     2 27 licensed under this section shall not hold more than
     2 28 one card game tournament per week.  Card game
     2 29 tournaments held under an annual game night license
     2 30 shall not count toward the limit of one card game
     2 31 tournament per week for a license holder.  A qualified
     2 32 organization representing veterans shall be allowed to
     2 33 hold only one card game tournament during any
     2 34 twenty=four=hour period.
     2 35    h.  At the conclusion of each card game tournament,
     2 36 the person conducting the card game tournament shall
     2 37 announce the gross receipts received, the total amount
     2 38 of money withheld for expenses, and the amount
     2 39 withheld for state taxes.
     2 40    i.  The person conducting the card game tournament
     2 41 does none of the following:
     2 42    (1)  Hold, currently, another license issued under
     2 43 this section.
     2 44    (2)  Own or control, directly or indirectly, any
     2 45 class of stock of another person who has been issued a
     2 46 license to conduct games under this section.
     2 47    (3)  Have, directly or indirectly, an interest in
     2 48 the ownership or profits of another person who has
     2 49 been issued a license to conduct games under this
     2 50 section.
     3  1    3.  The qualified organization representing
     3  2 veterans licensed to hold card game tournaments under
     3  3 this section shall keep a journal of all dates of
     3  4 events, amount of gross receipts, amount given out as
     3  5 prizes, expenses, amount collected for taxes, and the
     3  6 amount collected as revenue.
     3  7    a.  The amount collected by the qualified
     3  8 organization representing veterans as revenue shall be
     3  9 no less than ten percent of the gross receipts
     3 10 collected from each event.
     3 11    b.  Each qualified organization representing
     3 12 veterans shall withhold that portion of the gross
     3 13 receipts subject to taxation pursuant to section
     3 14 423.2, subsection 4, which shall be kept in a separate
     3 15 account and sent to the state along with the
     3 16 organization's quarterly report.
     3 17    c.  A qualified organization representing veterans
     3 18 licensed to conduct card game tournaments is allowed
     3 19 to withhold no more than five percent of the gross
     3 20 receipts from each card game tournament for qualified
     3 21 expenses.  Qualified expenses include but are not
     3 22 limited to the purchase of supplies and materials used
     3 23 in conducting card games.  Any money collected for
     3 24 expenses and not used by the end of the calendar year
     3 25 shall be donated for educational, civic, public,
     3 26 charitable, patriotic, or religious uses as described
     3 27 in section 99B.7, subsection 3, paragraph "b".  The
     3 28 qualified organization representing veterans shall
     3 29 attach a receipt for any donation made to the fourth
     3 30 quarter quarterly report required to be submitted
     3 31 pursuant to section 99B.2.
     3 32    d.  Each qualified organization representing
     3 33 veterans licensed under this section shall make
     3 34 recordkeeping and all deposit receipts available as
     3 35 provided in section 99B.2, subsection 2.
     3 36    4.  An organization wishing to conduct card game
     3 37 tournaments pursuant to this section as a qualified
     3 38 organization representing veterans shall submit an
     3 39 application and annual license fee of one hundred
     3 40 dollars to the department.
     3 41    Sec. 2.  Section 99B.9, subsection 1, unnumbered
     3 42 paragraph 1, Code 2007, is amended to read as follows:
     3 43    Except as otherwise permitted by section 99B.3,
     3 44 99B.5, 99B.6, 99B.7, 99B.7B, 99B.8, 99B.11, or
     3 45 99B.12A, it is unlawful to permit gambling on any
     3 46 premises owned, leased, rented, or otherwise occupied
     3 47 by a person other than a government, governmental
     3 48 agency, or governmental subdivision, unless all of the
     3 49 following are complied with:
     3 50    Sec. 3.  Section 99B.12, subsection 1, unnumbered
     4  1 paragraph 1, Code 2007, is amended to read as follows:
     4  2    Except in instances where because of the location
     4  3 of the game or the circumstances of the game section
     4  4 99B.3, section 99B.5, section 99B.6, section 99B.7,
     4  5 section 99B.7B, section 99B.8, or section 99B.9 is
     4  6 applicable, individuals may participate in gambling
     4  7 specified in subsection 2, but only if all of the
     4  8 following are complied with:
     4  9    Sec. 4.  Section 423.2, subsection 4, Code 2007, is
     4 10 amended to read as follows:
     4 11    4.  A tax of five percent is imposed upon the sales
     4 12 price derived from the operation of all forms of
     4 13 amusement devices and games of skill, games of chance,
     4 14 raffles, and bingo games as defined in chapter 99B,
     4 15 and card game tournaments conducted under section
     4 16 99B.7B, that are operated or conducted within the
     4 17 state, the tax to be collected from the operator in
     4 18 the same manner as for the collection of taxes upon
     4 19 the sales price of tickets or admission as provided in
     4 20 this section.  Nothing in this subsection shall
     4 21 legalize any games of skill or chance or slot=operated
     4 22 devices which are now prohibited by law.
     4 23    The tax imposed under this subsection covers the
     4 24 total amount from the operation of games of skill,
     4 25 games of chance, raffles, and bingo games as defined
     4 26 in chapter 99B, card game tournaments conducted under
     4 27 section 99B.7B, and musical devices, weighing
     4 28 machines, shooting galleries, billiard and pool
     4 29 tables, bowling alleys, pinball machines,
     4 30 slot=operated devices selling merchandise not subject
     4 31 to the general sales taxes and on the total amount
     4 32 from devices or systems where prizes are in any manner
     4 33 awarded to patrons and upon the receipts from fees
     4 34 charged for participation in any game or other form of
     4 35 amusement, and generally upon the sales price from any
     4 36 source of amusement operated for profit, not specified
     4 37 in this section, and upon the sales price from which
     4 38 tax is not collected for tickets or admission, but tax
     4 39 shall not be imposed upon any activity exempt from
     4 40 sales tax under section 423.3, subsection 78.  Every
     4 41 person receiving any sales price from the sources
     4 42 described in this section is subject to all provisions
     4 43 of this subchapter relating to retail sales tax and
     4 44 other provisions of this chapter as applicable.>
     4 45 #2.  Title page, by striking lines 2 through 4 and
     4 46 inserting the following:  <game tournaments by
     4 47 organizations representing veterans.>
     4 48 #3.  By renumbering as necessary.
     4 49
     4 50
     5  1                               
     5  2 D. TAYLOR of Linn
     5  3 SF 414.502 82
     5  4 ec/je/8773

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